PURSHOTAM DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON the face of it, the material on record discloses no case for the petitioners to answer. ONe part of the allegations was that the petitioners were manufacturing spurious soda- water. This charge was quashed by the Sessions Judge, kind, keeping in view the fact that the contents of the alleged soda-water were never chemically tested.

(2.) AS regards the surviving charge under Section 420 of the Indian Penal Code, this was founded, upon the allegation supported by the statements of some witnesses that they had purchased Thumps Up and Campa Cola about 10/15 days earlier, which, when they drank, they discovered, was some other drink. Here again, it is pertinent to note that the contents of these bottles were never chemically tested nor is it any part of the allegation that the bottles in which these drinks were sold, were other than that what they purported to be. This being so, no charge under section 420 of the Indian Penal Code is even prima facie made out. The charge under section 420 read with section 34 of the Indian Penal Code is accordingly hereby quashed and the impugned order of the learned Sessions Judge, Jind, set aside. This petition is thus accepted. Petition accepted.